Tenants didn't give us the mail until almost two years later

Member since 2020 · 10 posts · 2 votes

Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail. They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,

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Andrew B.

Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.

Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that.

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Chad Quick
Member since 2022 · 17 posts · 9 votes
3y
Thats a tough one but something you have to handle before you move tenants in. Im assuming you lived there before turning it into a rental? If you are asking if there is any recourse? No
0 Reply
John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
3y
Why didn't you just forward your mail or contact everyone with your new address?
It is unrealistic to put the task of collecting your mail for you on your tenant.
5 Reply
Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y

They have no responsibility to collect your mail. However, they agreed to do it, so I would argue that they do have a responsibility by their own admission.

If I had money in their deposit, I would charge them for the $525 and see if they fight me over it. If they push back, I may give it back or try to negotiate a partial refund.
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Miaochan Zhi
OP
Member since 2020 · 10 posts · 2 votes
3y
Quote from @John Underwood:

Why didn't you just forward your mail or contact everyone with your new address?
It is unrealistic to put the task of collecting your mail for you on your tenant.

we bought a new town house as investment property. the builder knows. the lender knows. I called the tenant many times asking for HOA doc. they said they didn't see any.
the attorney contacted me twice using certified mail and note on the door. they didn't notify me. they put a lien on the house. I just paid off the overdue balance and have to go to the court to get the lien removed.
0 Reply
James Wise
Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
3y
Quote from @Miaochan Zhi:
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail. They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,

This is on you, not the tenants. Most tenants would have just thrown it out.
2 Reply
Miaochan Zhi
OP
Member since 2020 · 10 posts · 2 votes
3y
Quote from @Nathan Gesner:

They have no responsibility to collect your mail. However, they agreed to do it, so I would argue that they do have a responsibility by their own admission.

If I had money in their deposit, I would charge them for the $525 and see if they fight me over it. If they push back, I may give it back or try to negotiate a partial refund.

they broke the lease and will pay extra month rent. hopefully I can get it rent within one month. that will help with this fine.
0 Reply
Miaochan Zhi
OP
Member since 2020 · 10 posts · 2 votes
3y
Quote from @James Wise:

Quote from @Miaochan Zhi:
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail. They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,

This is on you, not the tenants. Most tenants would have just thrown it out.

Good to know. Thank you.
0 Reply
Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
3y
Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.
Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that.
5 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
You should have had your mail forwarded.
0 Reply
Kevin Sobilo
Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
3y
@Miaochan Zhi, I would try reporting them to the post office. Its possible they could be charges with something like Obstruction of Correspondence. Perhaps you could be awarded restitution as part of a criminal case. I'm not saying its likely, but nothing to lose by trying.
https://www.law.cornell.edu/us...
2 Reply
Miaochan Zhi
OP
Member since 2020 · 10 posts · 2 votes
3y
Quote from @Andrew B.:

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.
Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that.

There are about 50 mails. They didn't give me single one. this is not a missing mail occasionally situation.
0 Reply
Bob S.
Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
3y
Quote from @Miaochan Zhi:
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail. They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,

Why was your mail go to the rental property, ? Tenants do not care and no there is nothing you can do. This is 100% on you
1 Reply
Chad Quick
Member since 2022 · 17 posts · 9 votes
3y
Quote from @Miaochan Zhi:

Quote from @Andrew B.:

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.
Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that.

There are about 50 mails. They didn't give me single one. this is not a missing mail occasionally situation.

You are not getting the answer you want and I understand your frustration. As another member said, start your complaint at the post office and go from there. Personally, I would take it as a lesson learned, deflate my ego a little and move on. If they had thrown it away you would have never known anyways.
0 Reply
Chad Quick
Member since 2022 · 17 posts · 9 votes
3y
Quote from @Nathan Gesner:

They have no responsibility to collect your mail. However, they agreed to do it, so I would argue that they do have a responsibility by their own admission.

If I had money in their deposit, I would charge them for the $525 and see if they fight me over it. If they push back, I may give it back or try to negotiate a partial refund.

Cant say i agree with this but its an option if you are feeling frisky.
0 Reply
Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
3y
Quote from @Miaochan Zhi:

Quote from @Andrew B.:

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.
Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that.

There are about 50 mails. They didn't give me single one. this is not a missing mail occasionally situation.

The added info wouldn't have changed my response.
0 Reply
Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
3y
It's likely all on you. We purchased a foreclosure property for investment and didn't find out until a year later after a lien was placed that it was in an HOA -- even though city records had our correct mailing address for the property, HOA attorneys sent notices to physical address and tenant did not pass them along, ever. Checked into it at the time, both because the bank, real estate agent, or attorney never notified us we were in an HOA (there are disclosure rules about that), and also if tenant could be at fault for not telling us about legal notices that came to the house. Couldn't get any traction on either argument.
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